CHAPTER 14

LARGE SCALE DEVELOPMENTS

ARTICLE A.  GENERAL PROVISIONS

SECTION:

11-14A-1:		Intent
11-14A-2:		Large Scale Development Permitted
11-14A-3:		Procedure Leading To Approval
11-14A-4:		Planning, Design And Documentation
11-14A-5:		Construction Requirements
11-14A-6:		Water Rights To Be Conveyed; Exceptions !2R!

11-14A-1:		INTENT:

The intent and purpose of the large scale development chapter of this title shall be to:

A.	Facilitate the orderly development of the city in accordance with the city general plan;

B.	Permit developers to vary density, architectural styles and building forms on a project by project basis, rather than on the basis of traditional zoning concepts;

C.	Reduce the tax burden for special services, the costs of which can be more appropriately charged to property owners within the developments;

D.	Facilitate a more economical arrangement of buildings, circulation systems, land use, drainage and utilities than would otherwise be possible;

E.	Promote superior maintenance of buildings and jointly owned open space and facilities within the development, through the use of agreements between the city and homeowners' or property owners' associations;

F.	Facilitate proper development of otherwise derelict and inaccessible land in the centers of blocks;

G.	Establish more definitively the rights, duties and responsibilities of land developers and lot owners with respect to the development and maintenance of land; and

H.	To coordinate the requirements of the condominium ownership act and the municipal land use, development and management act. (Ord. 9-7-2000, 9-7-2000)

11-14A-2:		LARGE SCALE DEVELOPMENT PERMITTED:

The following types of large scale developments may be constructed, but may be located only in the zone in which such development is listed as a permitted use:

A.	Planned residential developments;

B.	Condominium projects; new construction;

C.	Condominium conversion projects; and

D.	Manufactured home parks. (Ord. 9-7-2000, 9-7-2000)

11-14A-3:		PROCEDURE LEADING TO APPROVAL:

A.	Preapplication Conference:

1.	The developer shall meet with the zoning administrator to discuss the basic concept of the proposed large scale development and to obtain information concerning the city requirements for approval and construction. The purpose of the conference is to acquaint the developer with the range of opportunities for development under the large scale development provision, and also to ensure that the developer is fully aware of the approval procedure and the requirements and standards for design and construction of the project and the content of the required documents and statements. The developer shall prepare and submit to the zoning administrator:

a.	A sketch plan and general written description of the project;

b.	A summary of data required to be included in the information brochure; and

c.	A statement indicating the present ownership status of the land.

2.	A further purpose of the conference is to provide informal assistance to the developer in the preparation of the plans early in the process. The zoning administrator may suggest changes in the proposed layout or brochure data in order that the project may be more fully consistent with the city general plan and also with the city development regulations and policies. The recommendations from the zoning administrator shall be purely advisory and in no way shall the conference be construed to constitute approval of the plan.

B.	Developer Prepares Preliminary Plans, Documents And Statements And Submits To Zoning Administrator:

1.	After the preapplication conference, the developer shall prepare and submit to the zoning administrator:

a.	An application for approval of the large scale development on forms furnished by the staff;

b.	Four (4) copies of all required preliminary plans, documents and statements;

c.	Evidence of payment of the required preliminary review fee; and

d.	Evidence of water rights proposed to be conveyed to the city for each culinary or secondary irrigation connection to be installed, as prescribed by resolution 3-12-98B, or any superseding resolution.

2.	The application and all other material must be submitted at least fifteen (15) days prior to the meeting of the planning and zoning commission at which it is to be considered. (Ord. 9-7-2000, 9-7-2000)

C.	Zoning Administrator Reviews Preliminary Plans, Documents And Statements: Upon receipt of the submission from the developer, the zoning administrator shall review the plans, documents and statements for completeness and for conformance with city standards and the general plan. If the zoning administrator determines that the submission is incomplete for purposes of allowing subsequent, substantive review or that the submission is deficient with respect to a specific, objective, ordinance based application requirement, the zoning administrator shall, within thirty (30) days of receiving the submission, mail a written notice to the developer advising the developer of the deficiency and stating that the submission must be supplemented by specific additional information identified in the notice.

D.	Zoning Administrator Submits Preliminary Plans, Documents And Statements To Planning And Zoning Commission: Upon completion of review by the zoning administrator, the preliminary plans, documents and statements shall be submitted to the planning and zoning commission, together with a written report summarizing the results of the review process and making recommendations for further action. (Ord. 2010-1, 2-11-2010)

E.	Planning And Zoning Commission Reviews And Takes Action On Preliminary Plans, Documents And Statements:

1.	The planning and zoning commission shall review the preliminary plans, documents and statements, together with the findings of the staff review process and shall act to approve, or approve subject to modification, or disapprove the proposal.

2.	The action of the planning and zoning commission shall be communicated to the city council within thirty (30) days following receipt of the complete, official application.

3.	Approval by the planning and zoning commission shall not constitute final approval of the project but shall be deemed as a positive recommendation to the city council that a public hearing on the proposed project be advertised and held and the project approved.

F.	Planning And Zoning Commission Submits Plans To City Council: Upon approval of the preliminary plan, documents and statements by the planning and zoning commission, two (2) copies thereof shall be submitted to the city council for its review.

G.	City Council Reviews Plans, Documents And Statements, And Calls Public Hearing: The city council shall review the preliminary plans, documents and statements and shall advertise and hold a public hearing on the proposed project. Said hearing shall be noticed in accordance with the applicable sections of Utah Code Annotated.

H.	City Council Takes Action On Preliminary Plans, Documents And Statements:

1.	Following the public hearing, the city council shall act upon the preliminary plans, documents and statements to approve, approve subject to modification, or disapprove.

2.	If disapproved, no further action is required. If approved subject to modification, the plans, documents and statements shall be returned to the planning and zoning commission with instructions that the developer should modify the plans, documents and statements in accordance with required changes, and resubmit the modified proposal to the planning and zoning commission for its further review and recommendation.

3.	If approved, the preliminary plans, documents and statements shall be returned to the planning staff with instruction to authorize the developer to proceed to prepare and submit the final plans, documents and statements to the planning and zoning commission.

4.	Upon passage of a motion by the planning and zoning commission and city council to approve the preliminary plans, documents and statements, the city shall be committed to grant approval of the final plans, documents and statements upon compliance with all procedures, standards, requirements, and any conditions attached to said approval relating to the applicable large scale developments. The preliminary plans and documents shall be valid for twelve (12) months from the date of action by the city council. The time limit may be extended for an additional year upon approval by the planning and zoning commission. Any extension of time shall be officially requested in writing, and submitted to the planning and zoning commission office not less than thirty (30) days prior to the end of the preliminary approval period. No construction shall be permitted until final approval of the development has been obtained.

I.	Developer Prepares And Submits Final Plans, Documents And Statements:

1.	After receiving authorization to proceed, the developer shall prepare and submit to the planning and zoning commission:

a.	Application for final approval.

b.	Three (3) copies of the final plans.

c.	Three (3) copies of the final documents and statements.

d.	Three (3) copies of an itemized estimate of the cost of constructing the required improvements.

e.	Evidence of payment of required review and recording fee.

f.	Documents conveying water rights to city for each culinary and secondary connection to be installed as prescribed by resolution 3-12-98B, or any superseding resolution.

g.	A policy of title insurance or preliminary report of title verifying that the owners listed in the owner's dedication certificate of the final plans have sufficient control over the premises to effectuate said dedication without boundary exceptions.

2.	All submissions shall be prepared in accordance with city standards. In order for the development to be placed on the agenda, the final plans, plat, and documents must be submitted to the planning and zoning commission office at least seven (7) days prior to the meeting at which the plans are to be considered.

J.	Planning And Zoning Commission Acts On Final Plans, Documents And Statements:

1.	When the plans, documents, cost estimates and other materials required for approval have been completed in final form, the developer may make application to the planning and zoning commission and the planning and zoning commission will grant final approval after reviewing the final plan and ascertaining that:

a.	The final plans conform substantially with those given preliminary approval and comply with the requirements and standards relating to the applicable type of large scale development.

b.	The final documents and statements comply with the standards relating to the applicable type of large scale development.
	c.	The estimates of cost of constructing the required improvements are realistic.

d.	Tax liabilities of the common open space (wherever a large scale development involves the reservation of common open space) have been determined.

2.	Upon a finding of approval, the chairperson shall be authorized to sign required final plans when such signature is required.

K.	Developer Constructs Required Improvements Or Posts Performance Bond: Upon approval of the final plans and documents by the planning and zoning commission, the developer shall construct the required improvements or post performance bonds in accordance with the provisions of chapter 16 of this title.

L.	City Council Acts On Final Plan And Documents: After the planning and zoning commission has approved the final plans, documents, cost estimates and tax liabilities of the common open space, where applicable, a copy of the same shall be submitted to the city council for its approval. The city council will review said plans, documents, cost estimates and tax liabilities and, subject to a properly presented motion by a member of the city council, approve said plans; execute all appropriate documents, agreements and final plans; and accept all public dedications.

M.	City Files Final Plans And Statements: Upon approval of the large scale development application, the planning and zoning commission shall file all final plans and statements in the office of the zoning administrator.

N.	Amendments: The plans, documents and statements may be amended by following the same procedure required for initial approval. No change shall be made which is contrary to the intent of the city general plan or the standards and requirements of this title. Any amendment of a recorded final plan which also qualifies as a subdivision shall not be approved or recorded until the existing recorded plat has been amended, according to the provisions of chapter 15 of this title. (Ord. 9-7-2000, 9-7-2000)

11-14A-4:		PLANNING, DESIGN AND DOCUMENTATION:

The layout and design of all large scale developments and all plans, documents, agreements, brochures, statements, and other submissions shall be prepared in accordance with city standards as directed by the planning and zoning commission or their authorized representative. (Ord. 9-7-2000, 9-7-2000)

11-14A-5:		CONSTRUCTION REQUIREMENTS:

A.	Developer Must Construct Improvements In Accordance With Plans: All large scale developments shall be constructed in accordance with the approved final plans, and all final plans, documents, and agreements shall be binding on the developer, his or her successors, grantees, and assignees and shall limit the use of the land in the development as set forth in the approved plans, documents and agreements. In the event that the developer performs construction work which is not in accordance with approved final plans, the zoning administrator or other authorized representative shall cause further work to be discontinued and the city council shall obtain compliance or shall revoke all permits relating thereto.

B.	Developer Must Construct Improvements Within Permitted Time Period: All improvements required under the terms of the applicable type of large scale development shall be constructed within the time period specified for the duration of the guarantee of performance, except that the city council, upon recommendation of the planning and zoning commission, may require the developer to install the landscaping on all or part of the common open space or to construct other specific required improvements on all or part of an approved large scale development within a time period which is less than the maximum time period specified but which shall not be less than six (6) months from the date of said approval. If no development has occurred pursuant to the adopted plan within twelve (12) months after the date of final approval, the city council may revoke any building permits issued and may repeal all prior approvals of the development.

C.	Staged Construction Permitted: Development may be carried out in progressive stages, provided assurance is given to the city council that the requirements and intent of this title with respect to each stage, shall be fully complied with. Each stage shall be submitted and approved as a separate application. (Ord. 9-7-2000, 9-7-2000)

11-14A-6:		WATER RIGHTS TO BE CONVEYED; EXCEPTIONS:

A.	Amount Required: All developers of large scale developments shall, as a condition of approval, convey to the city title to water rights in an amount capable of producing adequate supplies of water for each culinary and secondary connection to be installed as prescribed by resolution 3-12-98B, or any superseding resolution. Said rights shall be of a type acceptable to the city and shall be conveyed prior to approval of said project by the city council.

B.	Exceptions: In satisfying the requirements of subsection A of this section, the developer shall convey all water rights appurtenant to or allocated for use upon the land being proposed for development. Where the rights so conveyed are inadequate to meet the conveyance requirements of this title, or there are no water rights appurtenant to the land, the developer may, in lieu of conveying water rights, offer to the city a cash grant in an amount equal to the current market price for the total number of water shares which would otherwise be conveyed under the provisions of subsection A of this section; provided, that the city owns surplus water rights in an amount adequate to match the deficit. (Ord. 9-7-2000, 9-7-2000)